Reisz v. Supreme Council American Legion of Honor
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutheeland, Judge. Plaintiffs are beneficiaries named in benefit certificate No. 156,052, issued by the defendant to their father, Christian Reisz, June 10, 1891, being, however, a continuation of said Christian’s membership, which commenced in 1882. This certificate required payment of assessments according to the by-laws, and they provided for payment of regular assessments on the 1st and 15th of…
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Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutheeland, Judge. Plaintiffs are beneficiaries named in benefit certificate No. 156,052, issued by the defendant to their father, Christian Reisz, June 10, 1891, being, however, a continuation of said Christian’s membership, which commenced in 1882. This certificate required payment of assessments according to the by-laws, and they provided for payment of regular assessments on the 1st and 15th of each month, and such special assessments as might be called; and further provided that upon failure to pay any assessment…
1Opinion of the CourtDodge, J.
1. The primary and vital question in this case is whether the fact that at the time of his decease Reisz had defaulted payment of an assessment due ten days before according to the strict words of his contract had unavoidably forfeited his rights.
It is urged that no such forfeiture occurred because the defendant had by a long course of dealing led the deceased to believe and understand that the provisions of the contract regarding failure of payment on the exact day specified would not be insisted on as suspending him from his membership] The findings of the jury on this subject have support…
2Cases cited17 opinions
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- Bowman v. Van KurenWisconsin Supreme Court · 1871
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3Cited by12 opinions
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